PhrMA v Zuma in South Africa

[James Love <love@cptech.org>]

This was sent to me by a citizen group in South Africa.  Jamie

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'Business Day'
19 February 1998 
Zuma's health laws to be contested in court

Josey Ballenger


THE Pharmaceutical Manufacturing Association and 41 co-applicants filed
a case yesterday in the Pretoria High Court contesting government's
recent amendments to the Medicines and Related Substances Control Act.

The application follows months of failed attempts by the private sector
to convince the health department to change the language in an amendment
to the drugs bill concerning perceived patent-right infringements.

Observers say the association, some of its members and their
multinational parent companies are challenging the bill on the grounds
that it violates the constitution by giving Health Minister Nkosazana
Zuma "wide powers" to override the Patents Act.

The bill was passed by Parliament and signed by President Nelson Mandela
late last year and is expected to be gazetted soon, with accompanying
regulations.

Nico Vermaak, director of patent attorney firm DM Kisch, who is heading
the civil case, said the court would serve papers on 10 respondents -
including Mandela, Zuma, certain parliamentary leaders and others
involved in the legislative process - to file their opposition by March
13.

If the respondents opposed the case as expected, the applicants would
apply for a hearing date, which Vermaak did not expect to be until
midyear. case as it was sub judice, but said it was a "follow-on of
persistent opposition of the industry against certain provisions" of the
act. 

PMA executive director Mirryéna Deeb has argued that the act's broad
language could allow a number of patent rights to be abrogated in
government's attempt to bring down drug costs. 

Although imminent regulations may temper these possibilities, industry
says the act sets a bad legal precedent in infringing on internationally
recognised rights, including a World Trade Organisation agreement to
which SA is a signatory


-- 
James Love
Consumer Project on Technology
P.O. Box 19367, Washington, DC 20036
love@cptech.org | http://www.cptech.org
voice 202.387.8030, fax 202.234.5176